4.  The applicant was born in 1959 and lives in Olsztyn.
5.  On 5 June 1997 the police started an investigation into the murder of a certain Z.K. It appears that between June and July 1997 the applicant had been arrested in connection with this investigation but was released under police supervision.
6.  On 7 January 1998 the Biskupiec District Court (Sąd Rejonowy) decided to detain the applicant on remand and subsequently an arrest warrant was issued against the applicant.
7.  On 12 February 1998 the applicant was arrested by the police on suspicion of having killed Mr Z.K. with whom he had been drinking alcohol on the night of the crime.
8.  On 19 February 1998 the Biskupiec District Court, at a hearing at which the applicant had been present, decided to detain him on remand in view of the reasonable suspicion that he had committed the homicide. The court further found that the applicant, who had been previously placed under police supervision, had violated the conditions of this preventive measure by leaving his place of residence without notification. Therefore, there was a real risk that he might abscond.
9.  On 26 February 1998 the applicant was indicted before the Olsztyn Regional Court (Sąd Wojewódzki).
10.  On 6 March 1998 the Olsztyn Regional Court dismissed the applicant's appeal against the decision ordering his pre-trial detention. The court further prolonged the applicant's detention relying in particular on the fact that the applicant had previously been in hiding.
11.  In November and December 1998 the trial court held hearings. The court ordered that an expert opinion be prepared. Subsequently, the applicant was ordered to undergo psychiatric observation in order to prepare the expert opinion.
12.  On 18 December 1998 and 14 May 1999 the Olsztyn Regional Court prolonged the applicant's detention finding that there was a strong suspicion that he had committed the offence in question. The court further noted that the fact that the applicant had been in hiding in the past justified the need to keep him in custody in order to secure the proper conduct of the proceedings. As regards the session of 14 May 1999, on 12 May 1999 the court informed the prosecutor and the applicant's lawyer that it had been scheduled for 14 May. Nevertheless, the applicant's lawyer failed to appear at the session.
13.  In October 1999 the trial court held hearings. Subsequently, in November 1999 the court allowed the applicant's motion to obtain evidence by means of a DNA test.
14.  Afterwards the applicant's pre-trial detention was prolonged on 28 October 1999. The applicant and his lawyer were absent although it appears from the court order given on 27 October 1999 that the lawyer had been notified about the session. The trial court established that the criminal proceedings against the applicant were pending and that most probably they would not finish before the end of 1999. The court then added:
“The Regional Court cannot find any reason for [releasing the applicant from custody].”
15.  At the hearing held on 9 November 1999, at which both the applicant and his lawyer were present, the court further prolonged his pre‑trial detention.
16.  Subsequently, as the length of the applicant's detention reached the statutory time-limit of 2 years as laid down in Article 263 § 3 of the Code of Criminal Procedure (Kodeks postępowania karnego) the Regional Court made applications to the Supreme Court (Sąd Najwyższy) asking for the applicant's detention to be prolonged beyond that term. On 8 February 2000 the Supreme Court granted the request.
“The prolongation of the pre-trial detention is justified as a delay was caused by allowing evidence to be obtained from the DNA test that was very important for the case. However, the detention should not be prolonged without justification. Therefore, the Supreme Court finds that it is possible to terminate the proceedings before 31 August 2000.”
It appears from the minutes of the session that the applicant's lawyer was absent but had been informed about it by telephone. The applicant appealed against this decision submitting, inter alia, that in 1997 he had been living in an institution for the homeless. He informed the local police about this and he was unaware about the arrest warrant issued against him. The appeal was rejected on 22 May 2000.
17.  The applicant's application for release was dismissed on 12 May 2000 by the Olsztyn Regional Court.
18.  The trial court held hearings on 20 June and 6 July 2000. On the latter date the Olsztyn Regional Court gave judgment. The court convicted the applicant and sentenced him to twelve years' imprisonment.
19.  On 16 November 2000 the applicant lodged an appeal against the judgment.
20.  The applicant's request to lift the detention order was dismissed on 19 December 2000. On 20 December 2000 and March 2001 the Warsaw Court of Appeal further prolonged the applicant's detention. His appeals against those decisions were dismissed on 30 January and 20 April 2001 respectively.
21.  On 19 June 2001 the Warsaw Court of Appeal partly amended the impugned judgment. The applicant did not lodge a cassation appeal with the Supreme Court and the judgment became final.